The Soft Side of Deportation: 3 BRUTAL Truths You Must Know Before Leaving The US!- Ep. 3 Pt. 2

Added: 2026-06-01

[00:00:00]Okay, guys. This is a part two to our last video, the soft side of mass deportation. And in this video, we're once more talking about the policy memo issued on Friday, May 22nd. Policy Memo 602-0199.

[00:00:15]There are three things that I want you to be aware of if you are otherwise eligible for adjustment of status. Three things you need to know before deciding to depart to consular process. And I'm going to strongly state throughout this video, guys, you need to work with a licensed immigration attorney. First up, number one, you need to be aware of if you consular processed for the green card, if your application is denied, there is no reviewability of that decision. There is no immigration court in which you could appeal to. There is no administrative judge to review the decision de novo, meaning anew. In addition, federal courts are blocked from intervening by the doctrine of consular non-reviewability. And the Supreme Court in the case of Department of State versus Muñoz has already reaffirmed this. And so, in effect, a consular officer's decision is effectively final if it's denied. This would leave an applicant exchanging a multi-tiered system with judicial safety nets here in the United States for a single-tiered system with absolute executive finality if they pursue consular processing. Guys, disclaimer throughout this video, work with a licensed immigration attorney.

[00:01:30]The second thing I want you to be aware of is that departing the US to consular processing for some individuals who are otherwise eligible for adjustment of status, this could trigger a three or 10-year bar. If someone has accumulated unlawful presence of 180 days but less than a year, departing the United States to consular process could trigger a three-year bar. If someone has accumulated a year or more of unlawful presence, this could trigger a 10-year bar. Now, while the memo doesn't change the statutory bars, but it does give heightened scrutiny and a push towards individuals to consular process. Therefore, applicants, even with minor overstays, if you are considering to consular process, you will have to strictly calculate the number of days you may have accumulated unlawful presence before departing the country. Work with a licensed immigration attorney to explore all options, which includes any provisional 601A waivers to wave or forgive any unlawful presence.

[00:02:47]Now, the third the third item I want to bring to your attention is that if you are otherwise eligible for adjustment of status, but you are considering to consular process, you want to be aware of the fact that this could create the loss of a non-USCIS fact-finder. Let me say that again. The loss of a non-USCIS fact-finder, i.e., officer. What do I mean by that? Now, under the memo, if a USCIS officer denies your adjustment of status I-485 application, more than likely, as I've shared with you, you are going to be referred to immigration or deportation court.

[00:03:34]And so, a USCIS denial in that regard is not the end of the road. So, if an applicant is placed in removal proceedings, you have a statutory right to renew that exact same adjustment of status application from scratch in front of an immigration judge, provided that you um otherwise meet the criteria for doing so.

[00:04:00]Now, this creates the de novo advantage.

[00:04:03]What do I mean by that?

[00:04:04]An immigration judge will look at your adjustment of status application and you.

[00:04:10]The immigration judge will apply the statutory law and the case law applicable to your application. In our last video, I shared with you some of the standards that were announced in the matter of A- Rai case. Now, I do want to say this here, and that is if you listen to our last video when we discussed the matter of A- Rai, in that case, the judge specifically indicated that the respondent had no negative factors. Now, in the policy memo, the administration goes into great lengths and they heavily rely on a case styled as matter of Blas.

[00:04:52]Now, matter of Blas is like the complete opposite of matter of A- Rai. And that is is because in matter of Blas, this was a native and citizen of the Philippines who applied for a non-immigrant visa at the US consulate.

[00:05:08]Now, during his visa interview, he made several misleading and incomplete statements regarding his true intentions, the whereabouts of his parents, and his employment back home.

[00:05:19]Now, after he entered the United States, he overstayed his tourist visa and married a US citizen. He then applied for adjustment of status under INA 245, pointing to his marriage that he's married to an immediate relative, a US citizen.

[00:05:35]However, the court found that his adjustment of status was properly denied, and that case establishes two foundational principles regarding administrative discretion. Number one, deceptive equities.

[00:05:54]While close family ties like a US citizen spouse will ordinarily result in a favorable exercise of discretion, they neither must nor should do so when it appears that the non-citizen engaged in a course of deception designed to produce or secure those very ties.

[00:06:16]Number two, this case establishes the sub-fraud standard. And so here, the Attorney General explicitly ruled that the government can deny adjustment as a matter of discretion based on a respondent's dishonesty, even if that dishonesty does not rise to the level of fraud or misrepresentation.

[00:06:40]And so that is going to be important.

[00:06:44]And in the policy memo, the administration relies heavily on Matter of Blas. So in other words, an applicant can be completely admissible statutorily, but still be denied a green card purely because the officer doesn't like the past lack of candor.

[00:07:05]And so you want to be aware of that, and I'm going to state it again. You want to make sure you work with a licensed immigration attorney.

[00:07:14]Now the reason why Matter of Blas is important is because the memo explicitly sets forth this BIA case to justify viewing adjustment of status as an extraordinary administrative grace rather than a standard procedure, as I explained to you in the case of Matter of Araujo.

[00:07:38]And so guys, if you haven't already check out our prior video, we do share a tidbit more on matter of a riot, which is a foundational case that was issued in 1970.

[00:07:51]And so you want to be aware of that. And so again, to recap and to end this video, three things to be aware of.

[00:07:58]Number one, consular processing, a denial of a green card application at the consular does not is not reviewable by an immigration court or a judge or federal courts.

[00:08:12]Departing to consular process could trigger a three or 10-year bar if you've been out of status and accruing unlawful presence. And also, consular processing, you give up the ability for a non-USCIS fact-finder to review a denial from USCIS. I.e., you give up the ability to go in front of an immigration judge.

[00:08:38]Guys, this was a part two to our last video. Please share your thoughts in the comments. I want to hear from you. Be sure to like, share, and subscribe. And of course, guys, I will see you in the next one. Thank you for your time and attention. Bye-bye.